Alaska Deceptive Trade Practices Laws
The claims of advertisers often seem at least somewhat inflated, but usually they're just within the scope of what is considered legal. Subtle exaggeration of a product or service is generally okay as long as specific false claims are not made.
However, selling used goods as "new," rolling back the odometer on a used vehicle, or engaging in false advertising are clearly deceptive and illegal under most state deceptive trade practice laws. State attorneys general typically bring claims against businesses on behalf of aggrieved consumers, but sometimes they are prosecuted in criminal courts.
Alaska Deceptive Trade Practice Laws at a Glance
Alaska's Unfair Trade Practices and Consumer Protection Act prohibits a long list of acts considered to be over the line (57, to be exact). Additionally, the statute has provisions specific to certain practices (such as telemarketing calls) or industries (such as promotions aboard cruise ships).
The list of unfair or deceptive trade practices under Alaska law includes, but is not limited, to:
- Falsely representing or designating the geographic origin of goods or services
- Causing a likelihood of confusion or misunderstanding as to the source, sponsorship, or approval, or another person's affiliation, connection, or association with or certification of goods or services
- Representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, secondhand, or seconds
- Advertising goods or services with intent not to sell them as advertised
- Disconnecting, turning back, or resetting the odometer of a vehicle to reduce the number of miles indicated
More details of Alaska's deceptive trade practices statute can be found in the following chart. See FindLaw's Consumer Transactions section for related articles.
|Uniform Deceptive Trade Practices Act Adopted||No|
|Title and Code Section of Relevant Statute
||Alaska Unfair Trade Practices and Consumer Protection Act (45.50.471 - 45.50.561)|
|False Advertising Forbidden||Yes §45.50.471(b)|
|Who May Bring Suit||Attorney general (§45.50.501); private or class action suites (§45.50.531)|
|Remedies Available||Injunction; $500 or 3 times actual damages, whichever is greater; treble damages or equitable relief (§45.50.531)|
|Auto Odometer Tampering Forbidden||Yes §45.50.471(b)(18)|
Note: State laws change from time to time, usually when lawmakers pass and enact new legislation, but sometimes through higher courts decisions or other means. You may want to contact an Alaska consumer protection attorney or conduct your own legal research to verify the state law(s) you are researching.
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Alaska Deceptive Trade Practice Laws: Related Resources
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